Labor Crime Victim

The Labor Bureau criminally enforces New York Labor Laws.

Failure to pay wages - in New York, it is a misdemeanor for an employer to fail to pay a worker. LL Section 191(1)(a)(i) requires an employer to pay manual workers weekly and the end of the week in which the wages are earned.

Minimum Wage - in New York, it is a misdemeanor for an employer to fail to pay a worker the minimum wage.

Retaliation - in New York, it is a misdemeanor for an employer, or an agent of an employer to retaliate against an employee who has filed a complaint against the employer that the employee has not been paid properly under the Labor Law.    

Unemployment Insurance - in New York, employers are liable to pay contributions to the Unemployment Insurance Fund and a willful failure to pay the contributions is a misdemeanor.

Prevailing Wage - in New York, employers, including all contractors and subcontractors, on all public works projects must pay the "prevailing wage."  If an employer fails to pay the prevailing wage and the underpayments in the aggregate are more than $25,000, then the employer is guilty of a felony.

Workers Compensation Insurance - in New York, it is a felony for an employer with more than five employees to fail to have workers compensation insurance and it is a misdemeanor for an employer with five or less employees to fail to have workers compensation insurance.

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